1. About this Agreement

This End User License Agreement (“EULA”) governs your download, installation, and use of the New Resilience mobile applications for iOS and Android (the “App”), provided by New Resilience, Inc. (“New Resilience,” “we,” “us,” or “our”).

The App is part of the New Resilience Services. Your use of the App is also governed by our Terms of Service and Privacy Policy, which are incorporated into this EULA by reference. This EULA supplements those terms with license terms specific to the App. If there is a conflict between this EULA and the Terms of Service regarding the license to use the App, this EULA controls; for all other matters, the Terms of Service control. For protected health information and other Customer Data, the applicable Business Associate Agreement and subscription agreement control.

By downloading, installing, or using the App, you agree to this EULA. If you do not agree, do not download, install, or use the App.

2. Who may use the App

The App is a business tool intended for use by Authorized Users of an organization that subscribes to the New Resilience Services (a “Customer”), for that organization’s internal business purposes. You must be at least 18 years old. If you use the App on behalf of an organization, you represent that you are authorized to do so.

3. License grant

Subject to your compliance with this EULA, the Terms of Service, and the applicable app store’s terms, New Resilience grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and install the App on a mobile device that you own or control, and to use the App solely as an Authorized User for your organization’s internal business use.

4. License restrictions

You will not, and will not permit anyone to:

• copy, modify, or create derivative works of the App;

• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by law;

• rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or your license;

• remove or alter any proprietary notices on the App;

• circumvent or disable any security or technical limitations of the App; or

• use the App in violation of the acceptable-use requirements of the Terms of Service or any applicable law.

5. App stores

You acquired the App through a third-party app store or platform (such as the Apple App Store or Google Play), and your use of the App is also subject to that platform’s terms and usage rules. The license granted in this EULA is limited as required by those usage rules.

6. Apple-specific terms

If you obtained the App from the Apple App Store, the following additional terms apply, and you acknowledge and agree that:

• This EULA is between you and New Resilience only, and not with Apple. New Resilience, not Apple, is solely responsible for the App and its content.

• Scope of license. Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple App Store terms.

• Maintenance and support. New Resilience is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services for the App.

• Warranty. New Resilience is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the App’s purchase price to you (if any); to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.

• Product claims. New Resilience, not Apple, is responsible for addressing any claims relating to the App or your use of it, including (i) product-liability claims; (ii) any claim that the App fails to conform to any legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.

• Intellectual property. In the event of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights, New Resilience, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

• Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

• Developer contact. Questions, complaints, or claims regarding the App should be directed to New Resilience, Inc. at support@newresilience.ai.

• Third-party terms. You must comply with applicable third-party terms of agreement when using the App.

• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

7. Device permissions

The App may request permission to access certain device features to function — for example, the microphone (for call recording and voice notes), notifications, and network access. You can grant or revoke these permissions in your device settings; some features may not work without them. How we handle information collected through the App is described in our Privacy Policy.

8. Updates

New Resilience may make available updates, upgrades, or new versions of the App. This EULA governs any such updates unless they are accompanied by a separate license, in which case that license governs. The App may require updates from time to time to continue functioning.

9. Ownership

The App is licensed, not sold. New Resilience and its licensors retain all right, title, and interest in and to the App, including all related intellectual property rights. All rights not expressly granted to you are reserved.

10. Term and termination

This EULA is effective until terminated. Your rights under this EULA terminate automatically if you breach it, on termination of the Customer’s subscription, or if your authorization to use the Services ends. On termination, you must stop using and delete the App from your devices. Provisions that by their nature should survive termination will survive.

11. Disclaimers and limitation of liability

To the maximum extent permitted by law, the App is provided “AS IS” and “AS AVAILABLE,” and the warranty disclaimers and limitations of liability in the Terms of Service apply to the App and are incorporated here by reference.

12. Export compliance

You agree to comply with all applicable export and re-export control laws and regulations in your use of the App.

13. Governing law

This EULA is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, consistent with the Terms of Service. Nothing in this section limits the Apple-specific terms in Section 6.

14. Contact

New Resilience, Inc.

support@newresilience.ai